U.S. Department of Labor Delays Effective Date of Trump Era Wage Increases for H-1B Visas and PERM

Posted By USI Law || 19-Mar-2021

DOL to Evaluate Wage Data, and Fully Review Proposed Rules

The USDOL further extended the effective date of Trump Era draconian measures on H-1B visa and PERM wage requirements that were intended to gut these two employment visa programs.

The DOL has enacted a delay of 18 months to November 14, 2022 of any measures pertaining to the review and assessment of Wage level requirements for H-1B and PERM petitions. The corresponding effective date of any new measures will now start on January 1, 2023. The DOL has stated that it will enact a comprehensive review of this issue, engage in a prescribed period of rulemaking, and invite public comments during the process. They will also “compute and validate prevailing wage data” to ensure an accurate basis for any new measures.

It may be noted that the Trump era rules were intending to raise Wage Requirements by up to 41%, making foreign workers unaffordable to U.S. companies, which have hitherto benefited from being able to access some of the best minds and talent from around the world.

The incoming Secretary of Labor Martin Walsh has been an advocate of the H-1B work visas in the past. He has previously pointed to the contribution of foreign students and H-1B visa holders to the vitality of Boston as a center of academic and entrepreneurial excellence. Secretary nominee Walsh was previously the mayor of Boston.

We will monitor this issue and update our clients as more information becomes available. Please feel free to contact USILAW with any questions or issues that you may have. You may reach us via telephone at +1 (202) 618 4540 or via email at info@usilaw.com.

Categories: H-1B